[Adopted 5-23-1977 as Ch. 30, Art. II, of the 1977 Code]
[Amended 11-12-2013 by L.L. No. 3-2013]
The purpose and intent of this article shall
be to preserve the public peace and good order in Cuba Village and
to contribute to the public welfare and the preservation and protection
of the property and the person of the inhabitants of said village
by declaring and enforcing certain regulations and restrictions on
activities of animals and their owners within Cuba Village.
As used in this article, the following terms
shall have the meanings indicated:
Horses, cattle, goats, sheep, swine, alpaca, ostrich, emu,
rooster, or any animal generally considered by species to be wild
as defined by New York State Department of Environmental Conservation,
or other living creature housed outside the dwelling unit, excluding
rabbits and chickens (hens only). The term "animal," as used in this
article, shall not be deemed to include dogs or cats.
[Amended 11-12-2013 by L.L. No. 3-2013]
An animal shall be deemed to be "running at large" if it
is elsewhere than on the premises of the owner while not in the control
of the owner or the owner's agent and without the knowledge, consent
or approval of the owner of such lands.
[Added 8-26-1996 by L.L. No. 3-1996]
The provisions of this article shall not apply
to the keeping of dogs, which are otherwise regulated by Village local
law.[1]
It shall be unlawful and a violation of this article for any person, firm or corporation to hereafter keep, house or maintain any animal, as defined by § 76-10 of this article, within the limits of Cuba Village without a special permit, in writing, from the Board of Trustees, signed by the Mayor and one Trustee. Said permit may be granted at the discretion of the Board of Trustees and shall remain valid until such time as it shall appear from the complaints of the neighbors or otherwise that the keeping of such animal is objectionable or offensive by reason of noise, smell or other cause.
It shall be unlawful and an offense against
this article for any person to:
A.
Permit or allow any animal to run or be at large in
any place in Cuba Village. Every animal outside the property limits
of the owner shall be properly restrained or be accompanied by its
owner or responsible person able to control the animal.
[Amended 8-26-1996 by L.L. No. 3-1996]
B.
Permit an animal to produce noise or conduct itself
in such manner as to habitually annoy any person.
C.
Permit an animal to cause damage or destruction to
property or to commit a nuisance upon the premises of a person other
than the owner or person harboring such animal.
D.
Permit an animal to chase, bite, snap at, jump upon
or otherwise harass any person in such a manner as reasonably to cause
intimidation or to put such person in reasonable apprehension of bodily
harm or injury.
E.
Board or keep animals owned by other persons for pay,
whether in money or money's worth.
F.
Maintain buildings, structures or premises used for
the harborage of animals in such a manner as to be unsanitary or odor-bearing.
A.
Any animal in violation of any of the provisions of
this article shall be subject to seizure and impoundment by any police
officer or by any other person or agency designated by the Village
or authorized by law to seize and impound such animal. Any such police
officer or other person or agency so seizing such animal hereunder
shall be empowered to exercise such degree of force as shall be necessary
to effect such seizure.
B.
After such seizure and impoundment as above provided,
the resident owner of such animal, if ascertainable, shall be notified
thereof personally or by affixing a written notice to such owner's
last known place of residence. Such animal so seized and impounded
shall be properly fed and cared for at the expense of the Village
until disposition thereof is made as herein provided.
C.
Any animal so impounded shall be confined for a period
of five days and may be redeemed by the owner thereof upon payment
of a sum as set forth from time to time by resolution of the Board
of Trustees,[1] plus the costs of boarding and maintaining the animal.
[Amended 8-26-1996 by L.L. No. 3-1996]
[1]
Editor's Note: The current fees resolution
is on file in the office of the Village Clerk.
D.
If any animal is not redeemed within the period set
forth above, the owner shall forfeit all title to the animal and the
animal shall be sold by the Village, destroyed or disposed of as otherwise
provided by law.
Any person, firm or corporation in violation
of this article at the date of its enactment shall have 30 days from
such enactment date to cure such violation and conform to the provisions
of this article.
Any person committing an offense against any
provision of this article shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense shall constitute, for each day the offense is continued,
a separate and distinct violation.
